JAMES MUIRURI KIARIE V. REPUBLIC

JUDGMENT OF THE COURT

The appellant, JAMES MUIRURI KIARIE, was arraigned before the Senior Resident Magistrate’s Court at Kigumo where he was charged with robbery contrary to section 296 (1) of the Penal Code. He denied the charge but after a full trial before the learned Senior Resident Magistrate (Ms. S.M. Mokua) he was convicted and sentenced to six years imprisonment. He preferred an appeal to the superior court which came up for determination before Kasango J. It would appear that during the hearing of the appeal before the superior court the appellant abandoned the appeal against conviction but asked for reduction of the sentence of six years imprisonment.

The learned judge considered the appellant’s appeal for leniency and in her judgment delivered on 28^th July, 2008 stated, inter alia:-

“I have considered the appeal against sentence. The maximum sentence provided by law for this offence is 14 years. The appellant was said to be a first offence (sic). Bearing that in mind I do h…